Public interest litigation in India

Public-Interest Litigation is litigation for the protection of the public interest. In Indian law, Article 32 of the Indian constitution contains a tool which directly joins the public with judiciary. A PIL may be introduced in a court of law by the court itself (suo motu), rather than the aggrieved party or another third party. For the exercise of the court's jurisdiction, it is not necessary for the victim of the violation of his or her rights to personally approach the court. In a PIL, the right to file suit is given to a member of the public through judicial activism. The member of the public may be a non-governmental organization (NGO), an institution or an individual. The Supreme Court of India, rejecting the criticism of judicial activism, has stated that the judiciary has stepped in to give direction because due to executive inaction, the laws enacted by Parliament and the state legislatures for the poor since independence have not been properly implemented. Subodh Markandeya well known Senior Advocate of Supreme court of India and Judicial activist believes that public interest litigation is the principal legal remedy for a common man and it is main weapon of judicial activist .

INTRODUCTION

Public Interest Litigation (PIL) is directly filed by an individual or group of people in the Supreme Court. It was felt that their interests are undermined by the government. In such situation the court directly accepts the public good. It is a new legal horizon in which court of law can initiate and enforce action to serve and secure significant public interest. The PIL has opened new horizons for the poor and the destitute. In a significant judgement, given on 10 April 2008, the Supreme Court said that the action of judiciary on the PIL did not amount to encroachment on the jurisdiction of executive and legislature.

It justified the PIL's saying—"If the courts did not entertain the matter relating to irregularities in the admissions to schools and colleges, which affects the career of thousands of students, at a time when the state government was not taking action against the guilty, who would come to rescue of the common man?"

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